TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 250

Reference.......................

'Lex vana 6 (6) «/f) of saving boxpake.

Miss Rutter (Nat thoaty Dept.)

the Clifton (Migration - Vion Dept)

Mer. Samimara.

This new draft Bill goes a good way to meeting the objections raised in Mr Wilford's letter at but some of the undesirable features of the previous draft remain.

2

The Clause numbers in the covering Saving Despatch refer to those in the old Bill. I have used below the numbers in the new Bill.

3.

17

Clause(1)(a) and (b) retain the present powers of the Governor to order the removal of a person who enters the Colony illegally or who contravenes a condition of stay,regardless of the length of stay in the Colony. It is a commonplace in Hong Kong that persons arrive illegally and are not detected unless they come to the attention of the authorities, usually by breaking the law and being caught. I would recommend therefore that Clause 17(1)(a) and (b) should be accepted in order to allow such illegal entrants to be removed.

Clause 17(1)(c) however merely reduces the qualifying residence period from 5 years in the previous Bill to 3 years without removing the fundamental objection that the Bill gives the Governor powers to order re...oval of an"undesirable immigrant" (undesirable is not defined in the Bill) - powers for which there is no analogy in the UK. Since under Clause 18(1)(b) the Governor-in- Council will have powers to order the deportation of any person not belonging to Hong Kong if it is deemed to be conducive to the public good, I can see no reason (other than that summary removal may be easier administratively than departation) for retaining Clause 17(1)(c) and I think we should resist it.

L

Clause 18 removes the main objection to the old Clause 17 that it would have given the Governor-in-Council powers to deport a British subject not belonging to Hong Kong in the same way as an alien, by providing that after residence of 10 years in the Colony a British subject shall not be liable to deportation. But the new Bill also makes changes in the rules for determining who shall be deemed to belong to Hong Kong the effects of which are not apparent from the papers on this file.

6.

you will see that the Bill is shortly to be introduerd into the Executive Corval and the bovenor was asked for

objections by telegram.

An Bell

Ow comments have been

based on the expposition that the

UK Bill as drafted with emage

3/6

MiBell irang rang dept.

instant us an

Ack.